Interpretation Response #03-0018 ([Arkansas Children's Hospital] [Mr. Wes Ware, BS, RRT, NREMT])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 06/16/2003

Company Name: Arkansas Children's Hospital

Individual Name: Mr. Wes Ware, BS, RRT, NREMT

Location State: AR Country: US

View the Interpretation Document

Response text:

Jun 16, 2003

Mr. Wes Ware, BS, RRT, NREMT                Ref No.: 03-0018

Arkansas Children's Hospital

Angle One Transport

800 Marshall Street

Little Rock, Arkansas 72202

Dear Mr. Ware:

This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), regarding the transportation of compressed gases cylinders by aircraft. Specifically, you request confirmation that cylinders of compressed gases, necessary to protect the life and treat patients who are being transported on a stretcher in an ambulance, may be transported under the provisions in § 175.10(a)(14).

The answer to your question is no. As specified in § 175.10(a)(14), a transport incubator unit necessary to protect life or an organ preservation unit necessary to protect human organs is excepted from the HMR provided: (1) the compressed gas used to operate the unit is in an authorized DOT specification cylinder and is marked, labeled, filled and maintained as prescribed by the HMR; (2) each battery used in the operation of the unit is of the non-spillable type; (3) the unit is constructed so that valves, fittings, and gauges are protected from damage; (4) the pilot in command is advised when the unit is on board, and when it is intended for use; (5) the unit is accompanied by a person qualified to operate it; (6) the unit is secured in the aircraft in a manner so as not to restrict access to or use of any required emergency or regular exit or of the aisle in the passenger compartment and; (7) there is no smoking within 10 feet of the unit.

It is the opinion of this office that a patient that is being transported aboard an air ambulance on stretcher, is not being transported in a transport incubator, and, therefore the exception in § 175.l0(a)(14) does not apply. However, § 175.10(a)(7) excepts from the HMR oxygen, or any hazardous material used for the generation of oxygen, for medical use by a passenger, which is furnished by the aircraft operator in accordance with 14 CFR §§121.574 or 135.91. Therefore, cylinders of supplemental oxygen for medical use by a passenger, which are furnished by the aircraft operator in accordance with § 175.10(a)(7), are not subject to the HMR.

I hope this information is helpful. Please contact us if you require additional assistance

Sincerely,

Delmer F. Billings

Chief, Standards Development

Office of Hazardous Materials Standards

175.10

Regulation Sections